American Privacy: A History of the Right to Privacy in the United States

American Privacy:
A History of the Right to Privacy
in the United States

Frederick S. Lane
FSLane3@gmail.com

University of Science and Technology of China
Hefei, China
14 June 2012
www.FrederickLane.com www.CybertrapsfortheYoung.com

Background
• Attorney, Educational
Consultant & Lecturer
• Author of 7 Books
• Computer Forensics
Expert
• 10 Years -- Burlington
(VT) School Board
• Technology & Privacy
Specialist
• Student Safety Advocate

Previous Books


Outline
• Colonial Privacy Issues
• The Bill of Rights
• Privacy in the 1890s
• Privacy and Computers
• The Warren Court
• The Future of Privacy

America’s First Privacy Advocates


Founders of American Privacy


“So That a Man Can Stand Up”


The 4 th Amendment
The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon
probable cause, supported by Oath or
affirmation, and particularly
describing the place to be searched, and
the persons or things to be seized.

Privacy in the Bill of Rights
1st Amendment – Freedoms of speech, religion,
association, assembly
2nd Amendment – Right to Bear Arms
3rd Amendment – No quartering of troops
4th Amendment – Freedom from unreasonable
search and seizure
5th Amendment – Freedom from self-incrimination
6th Amendment – Right to counsel at trial
8th Amendment – Freedom from cruel and unusual
punishment
9th Amendment – Unenumerated rights reserved

1890s – Good or Bad for Privacy?


40 Years Later


60 Years Later


A Federal Right to Privacy
• Mapp v. Ohio, 367 U.S. 643 (1961) –
exclusionary rule
• Griswold v. Connecticut, 381 U.S. 479
(1965) – establishing a “right to privacy”
• Miranda v. Arizona, 384 U.S. 436 (1966) –
right to remain silent
• Katz v. United States, 389 U.S. 347 (1967)
– warrantless wiretapping is illegal


The Government and Privacy


Corporations and Privacy
Search Engines Social Networking Sites


Changing Concept of Phone Privacy


How Private Is Social Media?


Cultural Differences


Nothing to Hide, Nothing to Fear?


GeoLocation & Granularity

POS GPS RFID Biometrics Nanobots


New Frontiers of Surveillance


Privacy R.I.P.?
• What Is It We’re Trying to Protect?
• No Single Definition of Privacy
• Fundamental Concept is Control
• Switch to “Opt-In” Model
• Federal Privacy Protection Agency?
• Education and Self-Control
• A Transparent Society?


Uncharted Waters


American Privacy: A History of the Right to Privacy in the United States

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American Privacy: A History of the Right to Privacy in the United States